Notice2022-02490
Certain Carbon and Alloy Steel Cut-to-Length Plate From the Republic of Korea: Final Results and Partial Recission of Countervailing Duty Administrative Review; 2019
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 7, 2022
Issuing agencies
Commerce DepartmentInternational Trade Administration
Abstract
The Department of Commerce (Commerce) determines that POSCO and certain other producers/exporters of certain carbon and alloy steel cut-to-length plate (CTL plate) from the Republic of Korea (Korea) received de minimis net countervailable subsidies during the period of review (POR), January 1, 2019, through December 31, 2019.
Full Text
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<title>Federal Register, Volume 87 Issue 25 (Monday, February 7, 2022)</title>
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[Federal Register Volume 87, Number 25 (Monday, February 7, 2022)]
[Notices]
[Pages 6842-6844]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-02490]
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DEPARTMENT OF COMMERCE
International Trade Administration
[C-580-888]
Certain Carbon and Alloy Steel Cut-to-Length Plate From the
Republic of Korea: Final Results and Partial Recission of
Countervailing Duty Administrative Review; 2019
AGENCY: Enforcement and Compliance, International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce (Commerce) determines that POSCO
and certain other producers/exporters of certain carbon and alloy steel
cut-to-length plate (CTL plate) from the Republic of Korea (Korea)
received de minimis net countervailable subsidies during the period of
review (POR), January 1, 2019, through December 31, 2019.
DATES: Applicable February 7, 2022.
FOR FURTHER INFORMATION CONTACT: Faris Montgomery or George Ayache, AD/
CVD Operations, Office VIII, Enforcement and Compliance, International
Trade Administration, U.S. Department of Commerce, 1401 Constitution
Avenue NW, Washington, DC 20230; telephone: (202) 482-1537 or (202)
482-2623.
SUPPLEMENTARY INFORMATION:
Background
On August 5, 2021, Commerce published the Preliminary Results of
this review.\1\ On November 2, 2021,
[[Page 6843]]
Commerce extended the deadline for the final results of this review to
no later than February 1, 2022.\2\ Subsequently, on December 2, 2021,
Commerce issued its post-preliminary analysis.\3\ For a complete
description of the events that followed the Preliminary Results, see
the Issues and Decision Memorandum.\4\
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\1\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Preliminary Results of Countervailing Duty
Administrative Review, and Intent to Rescind Review, in Part; 2019,
86 FR 42788 (August 5, 2021) (Preliminary Results), and accompanying
Preliminary Decision Memorandum.
\2\ See Memorandum, ``Extension of Deadline for Final Results,''
dated November 2, 2021.
\3\ See Memorandum, ``Post-Preliminary Analysis of the
Countervailing Duty Administrative Review of Certain Carbon and
Alloy Steel Cut-to-Length Plate from the Republic of Korea,'' dated
December 2, 2021 (Post-Preliminary Analysis Memorandum).
\4\ See Memorandum, ``Issues and Decision Memorandum for the
Final Results of Countervailing Duty Administrative Review: Certain
Carbon and Alloy Steel Cut-to-Length Plate from the Republic of
Korea; 2019,'' dated concurrently with, and hereby adopted by, this
notice (Issues and Decision Memorandum).
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Scope of the Order <SUP>5</SUP>
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\5\ See Certain Carbon and Alloy Steel Cut-to-Length Plate from
the Republic of Korea: Countervailing Duty Order, 82 FR 24103 (May
25, 2017) (Order).
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The merchandise covered by the Order is CTL plate. For a complete
description of the scope of the Order, see the Issues and Decision
Memorandum.
Analysis of Comments Received
All issues raised in interested parties' briefs are addressed in
the Issues and Decision Memorandum. A list of the issues addressed is
attached to this notice at Appendix I. The Issues and Decision
Memorandum is a public document and is on file electronically via
Enforcement and Compliance's Antidumping and Countervailing Duty
Centralized Electronic Service System (ACCESS). ACCESS is available to
registered users at <a href="http://access.trade.gov">http://access.trade.gov</a>. In addition, a complete
version of the Issues and Decision Memorandum can be accessed directly
at <a href="https://access.trade.gov/public/FRNoticesListLayout.aspx">https://access.trade.gov/public/FRNoticesListLayout.aspx</a>.
Change Since the Preliminary Results
Based on our analysis of the case and rebuttal briefs and the
evidence on the record, we made one change from the Preliminary Results
and post-preliminary analysis. This change is explained in the Issues
and Decision Memorandum.
Partial Rescission of Administrative Review
As noted in the Preliminary Results, Commerce timely received a no-
shipment certification from Hyundai Steel Company (Hyundai). We
inquired with U.S. Customs and Border Protection (CBP) whether Hyundai
had shipped merchandise to the United States during the POR, and CBP
provided no evidence to contradict the claims of no shipment made by
Hyundai. Accordingly, in the Preliminary Results, Commerce stated its
intention to rescind the review with respect to Hyundai in the final
results. No party commented on this aspect of the Preliminary Results.
Because there is no evidence on the record to indicate that Hyundai had
shipments of subject merchandise to the United States during the POR,
we are rescinding the administrative review of Hyundai, pursuant to 19
CFR 351.213(d)(3).\6\
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\6\ See Issues and Decision Memorandum for complete discussion.
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Companies Not Selected for Individual Review
The statute and Commerce's regulations do not directly address the
establishment of rates to be applied to companies not selected for
individual examination where Commerce limits in examination in an
administrative review pursuant to section 777(A)(e)(2) of the Act.
However, Commerce normally determines the rates for non-selected
companies in reviews in a manner that is consistent with section
705(c)(5) of the Act, which provides instructions for calculating the
all-others rate in an investigation. We also note that section
777A(e)(2) of the Act provides that ``the individual countervailable
subsidy rates determined under subparagraph (A) shall be used to
determine the all-others rate under section 705(c)(5) {of the
Act{time} .'' Section 705(c)(5)(A)(i) of the Act states that, in
general, for companies not investigated, we will determine an all-
others rate by using the weighted-average countervailable subsidy rates
established for exporters and producers individually investigated,
excluding zero and de minimis rates or any rates based solely on the
facts available. Additionally, section 705(c)(5)(A)(ii) provides that
when the countervailable subsidy rates established for all exporters
and producers individually investigated are zero or de minimis rates,
or based solely on facts available, Commerce may use any reasonable
method to establish a rate for the companies not individually
investigated, including averaging the weighted-average countervailable
subsidy rates determined for the exporters and producers individually
investigated.
In the final results of this review, we calculated a de minimis net
countervailable subsidy rate for POSCO, the sole mandatory respondent.
As a result, for the reasons discussed in the Issues and Decision
Memorandum, we have determined that it is appropriate to assign to the
companies subject to the review, but not selected for individual
examination, the de minimis net countervailable subsidy rate calculated
for POSCO in this review. For a list of the 40 companies for which a
review was requested and not rescinded, and which were not selected as
mandatory respondents or found to be cross-owned with a mandatory
respondent, see Appendix II to this notice.
Final Results of Administrative Review
In accordance with 19 CFR 351.221(b)(5), we calculated an
individual net countervailable subsidy rate for POSCO. Commerce
determines that, during the POR, the net countervailable subsidy rates
for the producers/exporters under review are as follows:
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\7\ As discussed in the Preliminary Results, Commerce found the
following companies to be cross-owned with POSCO: Pohang Scrap
Recycling Distribution Center Co. Ltd.; POSCO Chemical; POSCO M-
Tech; POSCO Nippon Steel RHF Joint Venture Co., Ltd.; and POSCO
Terminal. No party commented on Commerce's preliminary cross-
ownership determination and there is no information on the record
which warrants reconsideration of this determination. Therefore, for
these final results, Commerce continues to find the above-referenced
companies are cross-owned with POSCO. Accordingly, POSCO's subsidy
rate applies to each of its cross-owned companies.
\8\ See Appendix II.
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Subsidy rate
Company (percent ad
valorem)
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POSCO: \7\.............................................. *0.42
Non-Selected Companies Under Review: \8\................ *0.42
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* (De minimis).
Disclosure
Commerce intends to disclose the calculations performed for these
final results of review within five days of the date of publication of
this notice in the Federal Register.\9\
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\9\ See 19 CFR 351.224(b).
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Assessment Rate
Commerce intends to issue assessment instructions to CBP no earlier
than 35 days after the date of publication of the final results of this
review in the Federal Register. If a timely summons is filed at the
U.S. Court of International Trade, the assessment instructions will
direct CBP not to liquidate relevant entries until the time for parties
to file a request for a statutory injunction has expired (i.e., within
90 days of publication). Because we have calculated a de minimis
countervailable subsidy rate for the companies under review, we will
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instruct CBP to liquidate shipments of subject merchandise produced
and/or exported by the companies listed above, entered, or withdrawn
from warehouse for consumption, from January 1, 2019, through December
31, 2019, without regard to countervailing duties in accordance with 19
CFR 351.212(b)(2) and 19 CFR 351.106(c). For the company for which this
review is rescinded, countervailing duties will be assessed at a rate
equal to the cash deposit of estimated countervailing duties required
at the time of entry, or withdrawal from warehouse, for consumption,
during the period January 1, 2019, through December 31, 2019.
Cash Deposit Rates
In accordance with section 751(a)(2)(C) of the Act, Commerce
intends to instruct CBP to continue to suspend liquidation but not to
collect cash deposits of estimated countervailing duties on shipments
of subject merchandise by the companies under review entered, or
withdrawn from warehouse, for consumption on or after the date of
publication of the final results of this administrative review. For all
non-reviewed firms subject to the Order, we will instruct CBP to
continue to collect cash deposits of estimated countervailing duties at
the most recent company-specific rate or the all-others rate (4.31
percent), as appropriate.\10\ These cash deposit requirements,
effective upon publication of these final results, shall remain in
effect until further notice.
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\10\ See Order, 82 FR at 24104.
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Administrative Protective Order
This notice also serves as a reminder to parties subject to an
administrative protective order (APO) of their responsibility
concerning the destruction of proprietary information disclosed under
APO in accordance with 19 CFR 351.305(a)(3). Timely written
notification of the return or destruction of APO materials or
conversion to judicial protective order is hereby requested. Failure to
comply with the regulations and terms of an APO is a sanctionable
violation.
Notice to Interested Parties
We are issuing and publishing these final results in accordance
with sections 751(a)(1) and 777(i) of the Act and 19 CFR 351.221(b)(5).
Dated: January 31, 2022.
Lisa W. Wang,
Assistant Secretary for Enforcement and Compliance.
Appendix I
List of Topics Discussed in the Issues and Decision Memorandum
I. Summary
II. Background
III. Partial Rescission of Administrative Review
IV. Scope of the Order
V. Rate for Non-Examined Companies
VI. Subsidies Valuation Information
VII. Analysis of Programs
VIII. Discussion of Comments
Comment 1: Whether Electricity Is Subsidized by the Government
of Korea
Comment 2: Whether Commerce Should Modify the Methodology for
Attributing POSCO International's Subsidies to POSCO
Comment 3: Whether the Korea Emissions Trading System (K-ETS) Is
Countervailable
Comment 4: Whether Commerce Should Modify the Benchmark Used in
the Electricity for More Than Adequate Remuneration (MTAR) Program
Comment 5: Whether Commerce Should Exclude Quota Tariff Import
Duty Exemptions Received on Certain Items Used To Produce Non-
Subject Merchandise
IX. Recommendation
Appendix II
Non-Selected Companies Under Review
1. BDP International
2. Blue Track Equipment
3. Boxco
4. Bukook Steel Co., Ltd.
5. Buma CE Co., Ltd.
6. China Chengdu International Techno-Economic Cooperation Co., Ltd.
7. Daehan I.M. Co., Ltd.
8. Daehan Tex Co., Ltd.
9. Daelim Industrial Co., Ltd.
10. Daesam Industrial Co., Ltd.
11. Daesin Lighting Co., Ltd.
12. Daewoo International Corp.
13. Dong Yang Steel Pipe
14. Dongbu Steel Co., Ltd.
15. Dongkuk Industries Co., Ltd.
16. Dongkuk Steel Mill Co., Ltd.
17. EAE Automotive Equipment
18. EEW KHPC Co., Ltd.
19. Eplus Expo Inc.
20. GS Global Corp.
21. Haem Co., Ltd.
22. Han Young Industries
23. Hyosung Corp.
24. Jinmyung Frictech Co., Ltd.
25. Khana Marine Ltd.
26. Kindus Inc.
27. Korean Iron and Steel Co., Ltd.
28. Kyoungil Precision Co., Ltd.
29. Menics
30. Qian'an Rentai Metal Products Co., Ltd.
31. Samsun C&T Corp.
32. Shinko
33. Shipping Imperial Co., Ltd.
34. Sinchang Eng Co., Ltd.
35. SK Networks Co., Ltd.
36. SNP Ltd.
37. Steel N People Ltd.
38. Summit Industry
39. Sungjin Co., Ltd.
40. Young Sun Steel
[FR Doc. 2022-02490 Filed 2-4-22; 8:45 am]
BILLING CODE 3510-DS-P
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</html>Indexed from Federal Register on February 7, 2022.
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